SHALINI Vs. HARBHAJAN

JUDGEMENT

(1.) This order shall govern the disposal of M.A. No. 4038/2010 Shalini and others v. Harbhajan and others and M.A. No. 4142/2010 the Oriental Insurance Co. Ltd. v. Shalini and others. M.A. No. 4038/2010 has been filed by the claimants seeking enhancement and M.A. No. 4142/2010 has been filed by the Insurance Company on the point of involvement of the vehicle. Both these appeals arise out of the award dated 29th June, 2010 passed by the 1st Member, Motor Accident Claims Tribunal, Chhidwara in Claim Case No. 70/2010 whereby in a case of death of Kishore Telgote compensation of Rs. 20,51,148/- in total has been awarded by the Tribunal to the claimants.

(2.) The claimants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 44,99,140/ - on account of death of deceased Kishore Telgote in an accident took place on 13th July, 2009. It was pleaded by the claimants, i.e., widow, kids and mother that the sole bread earner of the family has died in the accident having his earning from the job in Western Coalfields Ltd., however the compensation as prayed in the claim petition may be awarded.

(3.) Shri Kapil Patwardhan, learned Counsel appearing on behalf of the claimants contends that the salary of the deceased was Rs. 25,381/-per month because he was in the employment of the Western Coalfields Ltd. The Tribunal deducted Rs. 6,500/- which is being received by the wife of the deceased as pension. It is also contended that the multiplier of 12 so applied at the age of 47 years is inappropriate. Considering the aforesaid facts adequate compensation may be awarded.